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Thursday, November 6, 2014

UPDATE ON FAMILY REUNIFICATION OF DEPENDENT PARENTS

We were recently successful in an application for Stamp 0 made for dependent parents of an Irish national. We have previously faced difficulties in a similar case and the current case gives some indication of what factors may persuade the Department to grant permission tone case over another.

These are cases where Irish citizen children apply for permission to reside in the State for their dependent parents, who are non-EEA nationals, demonstrating that they have the necessary financial means to support their parents and that their parents will not place financial burden on the State. They must demonstrate that their parents are in fact dependent on them financially, socially and emotionally. In several cases we have dealt with, dependent parents have severe medical conditions and health problems, and no viable options for care and support in their home countries.

The Irish Naturalisation and Immigration Service (INIS) Policy Document on Non-EEA Family Reunification is applied by INIS when considering and determining these cases. The policy places rigorous financial threshold on applicants, requiring the sponsor of two dependent parents to evidence an income of €75,000 to support the application.

In a previous case we have dealt with, an application made by a sponsor in a strong financial position was refused and one of the reasons cited in the refusal was the fact that the parents were in the State unlawfully. In that case, medical evidence had been provided confirming that one of the applicant’s parents could not to undertake long haul flights and hence remained in the State after their permission had expired. Nonetheless, the fact of their unlawful residence was held against them. That case is currently subject of High Court litigation.

In our recent case that was successful, the parents were also in the State unlawfully, their permission having expired while the application was pending. Medical evidence was also provided showing that they were not fit to fly. However, what appears to have been the factor that distinguished the recent case was that the sponsor clearly evidenced the very strong financial position and substantial income and therefore clearly established that the sponsor would have absolutely no difficulty supporting the dependent parents in the State. We were able to make convincing submissions that there could be no reasonable prospect that the parents would become a financial burden on the State and it appears that the financial position may have been a decisive factor in ensuring the application was successful.

It is also noteworthy that this application was processed in just over three months, which was relatively quick. The clients are obviously enormously relieved at the outcome.